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HomeMy WebLinkAboutContract 60426-ADocuSign Envelope ID: 2A390B6A-2A2A-4CC5-B290-79733C3C8C8C TxDOT: I Federal Highway Administration: CCSJ # 0902-90-207 I AFA ID I Z00006126 I CFDA No. 20.205 AFA CSJs 0902-90-212 I CFDA Title Highway Planning and Construction District # 02 Code Chart 64# 115000 Project Name S Hulen St; At Oakmont Blvd I AFA Not Used For Research& Development TH E STATE OF TEXAS § CSC No. 60426-A1 TH E COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program Off -System AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, the parties executed a contract on November 3, 2023 to effectuate their agreement to rehabilitate traffic signal, improve traffic signals and add left turn lane. WHEREAS, it has become necessary to amend that contract in order to modifythe project budget to reflect the increase of federal funds to 100%, and to applythe approved State's Transportation Development Credits (TDCs). NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the parties do agree as follows: AGREEMENT 1. The parties agree that the Agreement is amended as follows: Attachment B, Project Budget, is deleted in its entirety and replaced with Attachment B-1, which is attached to and made a part of this Amendment. The total estimated cost of the Project increased by $ 3.958.00, from $ 660.162.00 to $ 664.120.00, due to construction phase funds are 100% federal. Attachment C, Resolution, Ordinance, or Commissioners Court Order, is supplemented by adding Attachment C-1, Resolution, Ordinance, or Commissioners Court Order. The project participation funding amounts have changed per Traffic Division approval for project to be 100% federally funded. All other provisions of the original contract are unchanged and remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AFAAmend Page 1 of 2 Rev. 11/06/2023 DocuSign Envelope ID: 2A390B6A-2A2A-4CC5-B290-79733C3C8C8C Tx DOT: CCSJ # 0902-90-207 1 AFA ID Z00006126 AFA CSJs 0902-90-212 District # 02 Code Chart 64# 115000 Project Name S Hulen St; At Oakmont Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS DocuSigned by: �I—F1CDAKFDHC4B6... Signature Typed or Printed Name Typed or Printed Title 5/22/2024 Date THE LOCAL GOVERNMENT DocuSigned by: DDMA6456EM40,..� Signature William Johnson Typed or Printed Name Assistant City Manager Typed or Printed Title 5/21/2024 Date AFAAmend Page 2 of 2 Rev. 11/06/2023 DocuSign Envelope ID: 2A390B6A-2A2A-4CC5-B290-79733C3C8C8C TxDOT: CCSJ # 0902-90-207 I AFA ID I Z00006126 AFA CSJs 0902-90-212 District # 02 Code Chart 64# 115000 Project Name S Hulen St; At Oakmont Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT B-1 PROJECT BUDGET Construction Costs will be allocated based on 100% Federal funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Federal State Estimated Cost Participation Partici )ation % Cost % Cost Environmental (by Local $20,060 0% $0 0% $0 Government) Engineering (by Local $145,139 0% $0 0% Government) Construction (by State) $428,701 100% $428,701 0% Subtotal �$593,900 Environmental Direct $1,003 State Costs Right of Way Direct State $1 Costs Engineering Direct State $7,257 Costs Utility Direct State Costs $1 Construction Direct State $34,639 Costs Indirect State Costs 1$27,319 TOTAL $664,120 $428,701 0% $0 0% 0% $0 0% 0% $0 0% $0 $0 $0 $0 $0 $0 Local Partici Ration % Cost/TDC I100% $20,060 100% $145,139 ' 0% 42,870 $165,199 I100% $1,003 100% $1 100% $7,257 0% $0 0% $0 100% $1 0% $0 0% $0 100% $34,639 0% $0 100% $27,319 0% $0 $428,701 $27,319 $208,100 Transportation Development Credits (TDCs) in the amount of 42,870 will be used for the Local Government's contribution. Initial payment by the Local Government to the State: $8,262.00 Payment by the Local Government to the State before construction: $34,639.00 Estimated total payment by the Local Government to the State $42,901.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B-1 DocuSign Envelope ID: 2A390B6A-2A2A-4CC5-B290-79733C3C8C8C TxDOT: CCU # 0902-90-207 I AFA ID I Z00006126 AFA CSJs 0902-90-212 District # 02 Code Chart 64# 115000 Project Name S Hulen St; At Oakmont Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C-1 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A Resohttiou NO.5928-04-2024 A RFSOL[T TON AUTII0RIZING EXECUT[ON OF AMJENI)FMENT N0. 1 TO AN A9VAN CE l? UND IN G AGRIELMl?1' T WITH THE 'T-RXAS DEPARTMENT OF TRANSPORTATION TO INCREASE 'THE TOTAL 'PROJECT AMOUNT TO S664,120.00 VV3TFT F)ET181;AL PAIRTECIPATION IN TIM AMOUNT 5428,701.00, STATE PARTICIPATION LN THE ANTOUNT OF $27,319.00, AND LOCAL PATRICIPATION IN THE AMOUNT OF S208,140.00 FOR ENCINEERLNG, ENVIRONMENTAL 81RVICCS ANJ) CONSTRUC-00-N OF $0VT'11 AULEN STREET AT 011,1i MONT Ht3ULrVARD I3IGHWAY SAFI;T'Y 131PROVEMENT PROJECT MGTEREAS, federal law tmsiblishe:F� liederally funded pmgrarns for nwksportaticm improvements to implement its public pusposfes. wid WHEREAS, [be 'Texas 'Transpmulicra Coda, Scotian 201.103 astal 140 s tltal this Marc slam] design, oonstruct aW operate a syswm cfhigbtvays in caoparati mwith 1oze1 governmenia, and Suction 222,05'2 9wthvrl ze9 the Teems Transportation Coenmissinn to accopt contributions from poi[ticat subd[vislons for dvveloM&il and ¢onlslritciion of public roads and ilmstWc highway sysoem within ft pc0itical subdivision, and W T MAS, fcdcral iind 51ata Wds rtquke local governrneiAs m seems[ cettaEn conuact sta ards relating to the manegem"I and administration of State and federal funds, and WBIREAS, the Trxas Transportation Cmmaission [:as codified 4� T.AC, Rules IS. -13.56 that dcscrlbc fiederai. state, and [oral responsibilities for oast participation in highway itili'irov=%nt aril otl'" t mwPormion projwu, and WPIEREAS,11m Texas Traesporlatian Commission pnsed Minute Order Numbers 115522 authDTWugthe Stabo to undertt" and complete a highway improvcnw r or othar tmnspomdici ptblat-t morally dmibc4 as reliatr hate irafiic sig-3a[, improve traffic ftnals and add lefti= lane; a A WHEREAS, Ihm City of Fort Worth identiTied t nvnd to hilprove traTi[o signals and construct an additional norlhbound left turn [are at the 90uth Flule3i Street at Oakrnant Boulevard intersection; and WHEREAS, the City of Forrt Wroth and Terxw Dapartmant or'i'rawpartation cwa-Cad iuty an Advance Funding Ag-e=-ent (City Secretary No. 60426; C5J 0902-90-212) fnr tits' South Hulen Street at Oakmor:l Boulevard Yl[ghway Safety improvement Pra;ect; and WHEREAS, the amelldmem to the Advat m Funding AWwraw reflects inc sed Federal participafion in the amount ofS428,741A0, increased stale participation in the amount ofS3,958.00, and reduced City of Fart Worth participation to the amotntt or$42,870_00- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T'H2t CTTY OF FORT WORTH, TEXAS. THAT: The City Manager or their designee is hereby authorized to execute Amendment No. 1 to the Advanaa Funding Agreernerit with the Texas Depar[mcnt of TranSportrttion (Oily Secrotiary No, 60426; OSJ: 0902-90-212) in the amount of$6b4,120.00, with federal participati4an in the amours[ Page 1 of 2 AFA LongGen Attachment C-1 DocuSign Envelope ID: 2A390B6A-2A2A-4CC5-B290-79733C3C8C8C TxDOT: CCU # 0902-90-207 I AFA ID I Z00006126 AFA CSJs 0902-90-212 District # 02 Code Chart 64# 115000 Project Name S Hulen St; At Oakmont Blvd Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development of $428,701.00, state parriclpation in the ameual of 27,319. 0, -and louel JPU6 fi 0104 In t-he amount of S208,100.00 for onginecrina, rriviromnL-ntal acrv3c.es and ccamruction of Sorith Helen Sheet at Oakmotxt Boulevard highway safety improvements project. Alt aoat uvwrTuns will bo the responsibility ofthe Girth of Fart WOFth. Ad -opted th is 9111 d ay of A p si! 2024 �+�/ {; Zr r' Janette Ooodal1, City Secretar Y Page 2of2 AFA LongGen Attachment C-1 ADVANCE FUNDING AGREEMENT C�1TK#0/y'I/Vj^ PROJECT NAME: South Hulen Street at Oakmont Boulevard ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Fanta Kaba, P.E. / Name of Employee/Signature Title: Professional Engineer Email: Fanta.Kaba@fortworthtexas.gov APPROVAL RECOMMENDED: _Ai°..� BY: Lauren Prieur(May 23, 202414:14 CDT) Lauren Prieur, Director Transportation and Public Work Email: Lauren.Prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M &C: 24-0278 Date Approved: 04-09-2024 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: lj� BY: Douglas Black (May 24, 202410:56 CDT) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov �a4p 4FORT �pd Jannette Goodall°off o— o° City Secretary Email: jannette.goodall@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0278 LOG NAME: 20S HULEN ST AND OAKMONT BLVD AFA AMENDMENT # 1 SUBJECT (CD 6) Adopt a Resolution Authorizing Execution of Amendment #1 to an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $664,120.00 with Federal Participation in the Amount of $428,701.00, State Participation in the Amount of $27,319.00 and Local Participation in the Amount of $208,100.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of Amendment #1 to an Advance Funding Agreement (CSC No. 60426, CSJ# 0902- 90-212) with the Texas Department of Transportation in the amount of $664,120.00 with Federal participation in the amount of $428,701.00, State participation in the amount of $27,319.00 and Local participation in the amount of $208,100.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project (City Project No. 104039); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Project Other Fund, subject to the receipt of the grant, in the amount of $42,870.00, all of which is non -spendable Transportation Development Credits for the purpose of funding South Hulen Street and Oakmont Boulevard Highway Safety Improvement project (City Project No. 104039); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: On October 17, 2023, Mayor and Council Communication (M&C) 23-0888 authorized execution of an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDot) for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project in the amount of $660,162.00 with Local participation in the approximate amount of $250,970.00. After execution of the AFA, TxDOT provided notice that this project was approved for 100% Federal funding for construction, thereby decreasing Local cash participation for construction by $42,870.00 by using Transportation Development Credits (TDCs). This Amendment # 1 reduces the City of Fort Worth's cash funding responsibility for the project by this amount and reflects increased Federal and State participation by the respective amounts of $428,701.00 and $3,958.00. The local participation funding savings will be used for project management, engineering, design services including Right -of -Way, and survey. Approval of recommendation 2 will allow for the adoption of a non -spendable appropriation ordinance in the Grants Capital Project Other Fund for the purpose of tracking the City's usage of TDCs. The scope of this project includes improving traffic signals and constructing an additional northbound left turn lane at the intersection of South Hulen Street and Oakmont Boulevard. This project will be let by TxDOT in August 2024. The State is responsible for all construction activities within the scope of this project. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the project. As this intersection is off -system, the AFA requires that the City of Fort Worth be responsible for cost overruns. At the end of the project, the asset will remain with the City of Fort Worth. The following table displays what the revised Federal, State and Local participation amounts will be after approval of Amendment No. 1: Description Environmental (by LG) Engineering (by LG) Total Estimated Federal State Local Participation Cost Participation Participation % Cost % Cost % Cost/TDC $20,060.00 0% $0.00 0% $0.00 100% $20,060.00 $145,139.00 0% $0.00 0% $0.00 100% $145,139.00 Construction (by LG) $428,701.00 100% $428,701.00 0% $0.00 0% $42,870.00 Subtotal $593,900.00 $428,701.00 $0.00 $165,199.00 Environmental Direct $1,003.00 0% $0.00 0% $0.00 100% $1,003.00 State Costs ROW Direct State $1.00 0% $0.00 0% $0.00 100% $1.00 Costs Engineering Direct $7,257.00 0% $0.00 0% $0.00 100% $7,257.00 State Costs Utility Direct State $1.00 0% $0.00 0% $0.00 100% $1.00 Costs Construction Direct $34,639.00 0% $0.00 0% $0.00 100% $34,639.00 State Costs Indirect State Costs $27,319.00 0% $0.00 100% $27,319.00 0% $0.00 Total $664,120.00 $428,701.00 $27,319.00 $208,100.00 The following table displays the appropriation history for the project: Fund Existing Funding Additional Funding Project Total Notes 34027 - 2022 Bond Program Fund $295,000.00 $0.00 $295,000.00 30108 - Transportation Impact Fee Cap Fund $600,000.00 $0.00 $600,000.00 31003 - Grants Capital Project Other Fund $0.00 $42,870.00 $42,870.00 Non -spendable - TDCs Project Total $895,000.00 $42,870.00 $937,870.00 The appropriation for non -spendable TDCs was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program because the use of TDCs was not authorized at the time of the development of the Capital Improvement Program. The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Business Equity: TxDOT has set a DBE goal for this project. Approval of this amendment will not affect the DBE goal. This project is located in COUNCIL DISTRICT 6. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas Department of Transportation FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, in the Grants Capital Project Other Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditures being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. This is a State Advance Funding Agreement. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662